The Burden Of Guilt

17 May 2018
 Categories: Law, Blog


When it comes to the criminal justice system, the need for the prosecution to prove guilt is a well-known concept. When you are the one being accused of a crime, however, you may see things differently. While you are technically innocent until proven guilty, it is your job and your criminal defense attorney's job to put up an adequate defense to the charges. You have several ways to fight against criminal charges, and each case is entirely unique, but below are some commonly-used defense tactics used to fight for your freedom. Read on to learn more.

Your Alibi

An alibi can be a person or a situation that shows you being in another place when the crime was committed. The timing of an alibi is all-important with a few minutes one way or the other sometimes affecting the entire notion. Some crimes are simple to time using recordings and eye-witness testimony, but not always.

When there is a question about the exact time a crime was committed then an alibi becomes less important unless you can prove that you were hundreds of miles away for several days around the time the crime occurred. Other issues with alibis include using a close family member or friend for an alibi; the state might allege your alibi is trying to protect you. Hiring or coercing someone into committing a crime on your behalf is just as bad as committing it yourself and this may be the prosecution's theory.

You Were Defending Yourself

If you are accused of assault or something worse, you may have had no choice but to take actions to protect yourself from further harm. It's always best to admit to your part in the situation as soon as you have legal counsel since switching to this defense later may be considered opportunistic. You can expect the prosecution to counter with:

1. You were not in any danger at the time

2. You instigated the attack

3. You used unreasonable force against your attacker

You Were Not of Sound Mind

This form of defense might be the most famous and least understood of all. There is no provision in the legal system to address insanity as a defense. Insanity is no longer used in any capacity when it comes to mental illness either, but many persist in referring to insanity as a legal defense tactic. Instead, the defense will attempt to show that due to some mental disorder, either temporary or persistent, you did not have the capacity to appreciate the implications of your actions fully.

Your defense attorney will know how to use the facts of your case to best defend you against your charges, so speak to a law office like The Fitzpatrick Law Firm.